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(영문) 부산지방법원 2020.04.08 2019고단6089
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may provide telecommunications services provided by a telecommunications business operator under the Telecommunications Business Act for any third person's communications.

Nevertheless, on August 2019, the defendant received a proposal to allow a loan from an unqualified person to open an Internet phone on the same month.

9. Btel located in Yeongdeungpo-gu Seoul Metropolitan Government provided 65 Internet calls, etc. opened from C and F in the name of “E” under the name of the Defendant and the Defendant, such as “C Internet telephone” opened under the name of the Defendant and the Defendant, as indicated in the list of crimes committed.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Protocol of the police statement concerning G;

1. The provisions of Acts and subordinate statutes on communications data shall apply to receipts, invoices for communications data, requests for inquiries into communications data, reports on investigations, details of bank transactions, and the application of each telecommunications data;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act and the frequency and method of the crime committed, even though the necessity of strict punishment is large, considering the fact that the defendant is seriously against the crime, and that there is no same kind of punishment power, etc., the defendant shall be placed at once. However, the punishment as ordered shall be determined in consideration of the defendant’s age, character and conduct, circumstances after the crime, etc.

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